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Harare High Court
Zimbabwe Leaf Tobacco vs Kevin Graham Cooke
HH 412-21
Case Details
Court
Harare High Court
Date
6 August 2021
Citation
HH 412-21
Neutral Citation
[2021] ZWHH 412
Outcome
unknown
Case Type
Opposed Application
Bench
Presiding
DUBE J
Full Bench
DUBE J
Areas of Law
Banking & FinanceCurrency LawCivil Procedure
Keywords
Civil imprisonmentForeign currency debtRTGS dollarsTobacco financeExchange control
Tags
Banking & FinanceCurrency LawCivil Imprisonment
legislation
Statutes Cited
- Finance Act No 2 of 2019
- Exchange Control (Tobacco Finance) Order, 2004
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the debt is payable in USD or RTGS dollars at 1:1 rate","issue_type":"law","dispositive":"yes","related_facts":"Offshore financing, pre-2019 debt, foreign obligation"}
- {"issue_text":"Whether the defendant has discharged the judgment debt in full","issue_type":"fact","dispositive":"yes","related_facts":"Payments made, balance outstanding, interest not paid"}
- {"issue_text":"Whether civil imprisonment is appropriate given the defendant's financial position","issue_type":"mixed","dispositive":"no","related_facts":"Ability to pay, willingness to pay, constitutional protection"}
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background
Facts of the Case
Background
The plaintiff obtained judgment against the defendant for USD$360,000 plus interest for a tobacco growing loan financed with offshore funds. The defendant paid in RTGS dollars but the plaintiff claims payment should be in USD. The court determined the debt is payable in USD as a foreign obligation, but ordered an enquiry to determine the exact amount outstanding.
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